MANILA, Philippines – Fireworks erupted at the first hearing yesterday on allegations of impropriety committed by some appellate court justices in their handling of a case involving the Manila Electric Co. (Meralco).
Court of Appeals Justice Jose Sabio openly expressed dismay at being questioned by Associate Justice Vicente Roxas on his reported insistence to remain with the CA’s Special 9th Division even after a reorganization last July 4.
Yesterday’s hearing was presided by a panel of retired Supreme Court justices: Carolina Griño-Aquino as chairman and members Romeo Callejo and Flerida Ruth Romero.
The panel was also tasked to look into allegations that Meralco, through an emissary, had tried to bribe Sabio with P10 million to make him inhibit from a case involving the power firm and the Government Service Insurance System.
“Can you explain to me why Justice Roxas has to move to the 8th Division but Justice Sabio can stay at the 9th Division?” Roxas asked Sabio. The latter refused to answer claiming the question was “repetitive.” Justice Aquino stopped Roxas from pressing the question saying it was “argumentative.”
Sabio earlier alleged that businessman Francis Roa de Borja acted as Meralco’s “emissary” in the bribery attempt. Also at yesterday’s hearing were CA Presiding Justice Conrado Vasquez, Myrna Dimaranan Vidal (6th Division), Martin Villarama (chairman, 3rd Division) and Edgardo Cruz, chairman of the 7th Division and head of CA’s Internal Rules Committee.
It was only Roxas, among the justices present, who questioned Sabio at length about the contents of his affidavit.
The investigating panel had also ordered the justices involved as well as De Borja to submit their respective affidavits.
After Sabio, it was Vidal’s turn to take the witness’ stand.
During questioning by the panel, Vidal admitted that she signed the 58-page “draft” decision of Roxas on the Meralco board election row without reading the memoranda submitted by Meralco, the Securities and Exchange Commission, and the GSIS.
In the decision, the CA ruled that SEC had no jurisdiction over the Meralco board election row with GSIS.
Vidal testified that last July 8, Roxas went to her office with copies of the decision kept inside an “expensive looking” traveling bag. Vidal said Roxas handed her three copies of the decision for her signature. Vidal said the decisions already bore Roxas’s signature.
Vidal said she took the decisions home, signed them and gave them to Roxas the following day.
Asked by the panel why she signed the decision without the memoranda of the parties in the rollo or case records, Vidal said she was already familiar with the facts of the case.
Vidal got a rebuke when she admitted that she signed the decision because Roxas told her that a TRO earlier issued by the Special 9th Division would soon expire. Vidal got a dressing down from Callejo for her admission.
“You signed (the decision) without consulting the rollo and other memoranda? You are a justice of the Court of Appeals. You have your own mind. You are not a robot. You say you do not need the memoranda?” Callejo lashed out at Vidal.
Callejo also asked Vidal why she did not question Roxas for recommending that the SC take disciplinary action against the lawyers of the GSIS when the issue was not even raised by the parties in their pleadings.
“In that decision, he (Roxas) reprimanded the GSIS lawyers but it was not raised by the parties in their pleadings,” Callejo said. “Why penalize them?” he asked.
“It is for Justice Roxas to answer,” said Vidal.
“But you are a justice, for goodness’ sake. None of the parties raised the issue that GSIS lawyers be penalized. It jeopardizes the right of the lawyers to due process,” Callejo shot back. Vidal apologized.
“I hope that you have learned from this experience. Act on your own without relying on the assurances of a colleague,” Callejo told Vidal.
“We must assure the people that we can rule judiciously. It is tragic that these things happened at the Court of Appeals, the second highest court of the land,” Callejo said.
The hearings will resume on Monday and will continue until Aug. 21.
CA justices told to quit
Two crime-watch groups asked yesterday Vasquez and other CA justices to resign in the wake of allegations of corruption and impropriety.
The Volunteers Against Crime and Corruption (VACC) and the Citizen’s Crime Watch (CCW) raised the demand in a letter, a copy of which was hand carried to the CA.
VACC founding chairman Dante Jimenez said that Vasquez should resign because of command responsibility. They also expressed their support for Sabio.
“There will be no end to these bickering and charges and counter charges of bribery of CA Justices if your Honor do not make the supreme sacrifice of leading by example for the other CA Justices by resigning as CA (Presiding) Justice,” Jose Malvar Villegas, Jr. CCW founding chairman-president, said.
“This could lead to a top to bottom reorganization of the CA and give the appointing power the opportunity to reappoint the justices who are not tainted with corruption,” he said.
Villegas reminded Vasquez that his father, the late Justice Conrado Vasquez Sr. was a man of honor, integrity, and dedication.
He said it would be best for the justices to quit because Sabio’s exposé could unearth other irregularities and further diminish the credibility of the CA.
If the CA loses its credibility, CCW said the public might resort to vigilante justice.
Jimenez said his group wants an executive session with the members of the panel hearing the CA case.
In the executive session, Jimenez said they would name members of the CA, SC and trial court judges who habitually receive bribe money or are engaged in selling temporary restraining orders.
He also urged those who have witnessed or experienced corruption from corrupt members of the judiciary to come out in the open. With Evelyn Macairan